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AF | BCMR | CY2005 | BC-2004-03225
Original file (BC-2004-03225.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03225
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  2 Apr 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His  service-connected  medical  conditions,  coronary  artery   bypass,
degenerative arthritis, limited motion in cervical spine, limited motion  of
arm, and limited motion of ankle, be assessed as combat related in order  to
qualify for compensation  under  the  Combat  Related  Special  Compensation
(CRSC) Act.

2.  He  be  provided  the  status  of  the  citations  for  award   of   the
Distinguished Flying Cross and Silver Star medals.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A  pattern  of  stressful,  physical,  mental,  traumatic,  heart  breaking,
challenging events while on active duty in combat related events  progressed
his condition to the 100% disability rating awarded  by  the  Department  of
Veterans' Affairs (DVA).  His other injuries are the result of  an  ejection
in an F-86 aircraft and his duties flying aircraft under combat  situations.


In support of his request, applicant provided documentation associated  with
his CRSC application and documentation extracted from his DVA  and  military
personnel  records.   His  complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force  on  4
Jun 57.  He was progressively promoted  to  the  grade  of  colonel,  having
assumed that grade effective and with a date  of  rank  of  1  Dec  78.   He
served as a pilot aboard a variety of primarily  fighter  aircraft.   On  31
Dec 83, he voluntarily retired for years of service.  He served 26 years,  6
months, and 27 days on active duty

His CRSC application was disapproved on 6 Nov 03 based upon  the  fact  that
his service-connected medical conditions were determined not to  be  combat-
related.

In  response  to  his  requests  regarding  the  DFC  and  the  SS   medals,
AFPC/DPPPRA  provided  a  letter  to  the  applicant  informing   him   that
reaccomplished DFC citations will be  forthcoming  and  also  providing  him
guidance pertaining to  the  SS  medal.   The  applicant  indicated  in  his
response to the DPPD evaluation that he was satisfied with their response.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records show his coronary  artery  bypass,  degenerative  arthritis,
limited motion in cervical spine, limited motion of arm, and limited  motion
of ankle are not combat related.  Although  stress  can  be  a  contributing
factor for heart disease, CRSC cannot be approved as  combat  related  based
on stress alone since it is difficult to objectively determine  this  factor
as the definitive cause of the condition  rather  than  other  causes.   For
coronary artery disease to qualify for CRSC, it must be secondary  to  Agent
Orange contracted diabetes or presumptive to POW internment  and  so  stated
in  the  applicable  rating  decision.   With  regard  to  his  degenerative
arthritis, limited motion in cervical spine,  limited  motion  of  arm,  and
limited motion of ankle, DPPD states there are two physicals dated 1968  and
1969 and in neither of the physicals is there any mention of being  injured.
  CRSC  determination  can  only  be  made  on  the  basis  of   documentary
information in the  records  as  distinguished  from  personal  opinions  or
accounts.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his ejection was in 1959,  not  1968  as  stated  by  DPPD.
While it may be difficult to determine stress as  the  cause  of  his  heart
disease, his parents lived to age 84 and passed away due to natural  causes.
 He passed all his physicals during his 30 years  of  service.   He  avoided
flight surgeons because of their ability to ground  pilots.   The  hazardous
duties associated with flying combat aircraft all contributed to the  stress
of his heart and heart failures.

His complete response is at Exhibit E.

_________________________________________________________________


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review of  the  available
evidence of record, it is our opinion  that  the  service-connected  medical
conditions the applicant believes are combat-related were  not  incurred  as
the direct result of armed conflict, while engaged in hazardous service,  in
the performance of duty under  conditions  simulating  war,  or  through  an
instrumentality of war, and  therefore,  do  not  qualify  for  compensation
under the CRSC Act.  We agree with the opinion  and  recommendation  of  the
Air Force office of primary responsibility and adopt its  rationale  as  the
basis for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  In the absence of evidence to the contrary, we find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
03225 in Executive Session on 7 Sep 05, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. James W. Russell III, Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Oct 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 10 Nov 04.
    Exhibit D.  Letter, AFPC/DPPPRA, dated 1 Dec 04.
    Exhibit E.  Letter, SAF/MRBR, dated 10 Dec 04.
    Exhibit F.  Letter, Applicant, dated 22 Dec 04, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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